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A motion that requests enforcement of an existing child support or spousal support order post-decree must be filed and served upon the opposing party according to methods of service in Civ.R. 4 through 4.6. If the motion requests a finding of contempt, the Court will issue a Summons and Order to Appear to the opposing party.
(B) CONTENT OF MOTION.
A motion, supported by a sworn affidavit which sets forth the specific facts constituting the alleged non-compliance, must state the following:
(1) The date of journalization of the judgment entry that sets forth the existing support order.
(2) The specific provisions, referencing paragraph and page numbers, with which a party has allegedly failed to comply.
(3) If the motion pertains to non-payment of periodic support, the amount of the arrears as of the last day of the month before the motion was filed and whether interest is requested.
(4) If the motion pertains to non-payment of health care expenses, the amount of unpaid health care expenses and a statement that copies of the bills were provided to the opposing party and payment was demanded before the motion was filed. If the motion asserts non-payment of child(ren)’s health care expenses, a completed Explanation of Health Care Expenses must be attached to the motion.
(5) The specific relief requested.
(C) An affidavit in support of an enforcement motion must state the specific operative facts that form the basis of the alleged non-compliance. Failure to do so may result in the dismissal of the motion.
(D) EFFECTIVE DATE.
For the purpose of computing arrears, the effective date of a support order is the date of journalization of the judgment entry unless the order designates another effective date.
(E) APPOINTMENT OF COUNSEL FOR INDIGENT PARTY. \
(1) If the motion requests a finding of contempt, an indigent opposing party who requests counsel will be appointed an attorney by the Court.
(2) A party requesting court-appointed counsel must submit a State Public Defender Financial Disclosure/Affidavit of Indigency. A $25.00 application fee will be charged.
(3) The Court will determine whether a party is indigent.
(F) HEARING ON ENFORCEMENT FOR PERIODIC SUPPORT.
(1) At the hearing, the moving party must submit a computation of arrears and a certified copy of the CSEA payment records that support the computation. The computation must state the total months elapsed from the effective date of the order through the last day of the previous month before the hearing, the total amount owed during that period, the total amount paid during that period, and the difference.
(2) Copies of all documents submitted to the Court must be exchanged with the opposing party, or counsel if represented, before hearing.
(3) If interest on unpaid periodic support was requested, the requesting party must submit a simple interest computation consistent with R.C. 1343.03. Failure to submit a computation at hearing will result in denial of the request.
(4) Failure of a party to submit the required documents may result in sanctions, including but not limited to, dismissal of his or her motion or an award of attorney fees.
(G) HEARING ON ENFORCEMENT FOR HEALTH CARE EXPENSES.
(1) At the hearing, the moving party must submit a completed Explanation of Health Care Expenses, all health care bills, explanations of benefits, and any other documents that support the Explanation of Health Care Expenses.
(2) Copies of all documents submitted to the Court must be exchanged with the opposing party before hearing.
(3) Failure of a party to submit the required documents may result in sanctions including, but not limited to, dismissal of his or her motion or an award of attorney fees.
(Effective July 1, 1991. Amended effective July 29, 2013.)
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